Use of degree designators

If a doctoral degree was earned from an institution that is licensed by the state but not yet accredited, is it illegal for one to hold himself/herself out as a "Ph.D." in the state of CA while working in his/her profession? If a Masters degree is all that is required for licensure and any further education to pursue a doctoral degree is elective is it not unconstitutional for a state licensing board to demand accreditation to use the doctoral designator if accreditation is not a legal requirement?

 

Which part of the Constitution do you think is being violated?

 

I'm not an attorney, but my understanding is that the answer is generally no. Many people in California happily use degrees awarded by the state's CA-approved universities. Exceptions might exist in professions that are regulated by law. In the case of California, you would need to consult the state's Business and Professions Code and any regulatory boards that might exist in a particular profession.

I'm not sure what you mean by that.

I'm assuming that you are referring to some unnamed board that requires accredited masters degrees for licensure, and also insists that if licensed whatevertheyares advertise an additional doctorate to clients, that the doctorate be accredited as well.

Well, the licensing boards can pretty much do as they wish in setting those kind of regulations. Not all state licensing boards are equally friendly towards state licensed degrees.

I know of no constitutional requirement that professionals be allowed to present non-accredited degrees to clients even if those degrees aren't required for licensure. Perhaps the licensing boards fear that given the unreliable standard of those degrees, they would be misleading to the public.

 

If the degree is legal in the state where the holder wishes to claim it, I should think that the major rough spot would be with the user's licensure board.

Most licensed professions have rather strict regulations governing advertising content. If the licensing authority determines that the use of an unaccredited, though legal, degree is somehow misleading to the public, the licensee could face professional disciplinary charges.

I don't know how this would come out. I suggest, though, that by using an unaccredited degree that is not not required or recognized for his licensure, the license holder is "buying a lawsuit."

 

RE: Response to use of degree designator

In response to What part of the Constitution is being violated by not allowing the use of a legal but not accredited Ph.D. designator. My attorney tells me the First Amendment. What do you think of that?

 

IT DEPENDS!

Not all expression is protected speech. Not all protected speech is protected to the same extent as political speech. Not all speech is protected that looks like protected speech.

IT DEPENDS! I would be very surprised if yuour attorney gave you any sort of blanket assurance that claiming a degree is always protected speech. It just isn't!

 

Re: RE: Response to use of degree designator

I think you should cancel payment on your check to your lawyer and check to see if his/her law degree is real.

States have regulated higher education since its inception. I don't recall any of those laws being rescinded as unconstitutional.

I don't see anything in the First Amendment about higher education.